NAIROBI, Kenya – The High Court has dismissed a petition challenging President William Ruto’s decision to allow external advisors to attend Cabinet meetings, ruling that occasional participation by non-members is constitutional.
Justice Lawrence Mugambi on Thursday held that while the Constitution limits the composition of the Cabinet to members appointed under Article 152, it does not prevent the President from inviting experts or advisors to offer technical or policy input when necessary.
“A permanent inclusion allowing regular attendance of non-Cabinet members… would run afoul of the Constitution… But occasional invitation of experts or advisors on a need basis falls within the President’s discretion,” Justice Mugambi said in his judgment.
The petition, filed by lawyer Charles Mugane, sought to block the June 27, 2023 decision allowing political and policy advisors — former UDA Secretary-General Cleophas Malala, economist David Ndii, former Cabinet Secretary Monica Juma, and gender advisor Harriette Chiggai — to join the sessions.
Mugane argued the move undermined principles of good governance.
However, the court found he had failed to prove the four were permanent attendees.
Justice Mugambi noted that the case relied heavily on newspaper reports, which he described as “secondary evidence” insufficient to substantiate the claim.
The judge contrasted the case with a 2020 matter involving then-Nairobi Metropolitan Services boss Mohammed Badi, whose regular attendance in former President Uhuru Kenyatta’s Cabinet was publicly confirmed by State House and accompanied by an oath of secrecy.
“In this case, there was no formal communication or written Cabinet decision confirming regular attendance,” the judge said, adding that the advisors themselves denied being permanent participants.
Justice Mugambi further cautioned that courts should not interpret legal gaps in a way that unnecessarily restricts the President or Cabinet’s operational discretion, as long as it remains within constitutional bounds.
